HomeMy WebLinkAboutMinutes Council 0209171 CITY OF PALM BEACH GARDENS
2 CITY COUNCIL
3 REGULAR MEETING
4 February 9, 2017
5
6 The regular meeting was called to order at 7:04 p.m. by Mayor Tinsley.
7 I. PLEDGE OF ALLEGIANCE
8 Pledge of Allegiance was led by Cub Scouts Pack # 176 and 3rd Grade Class President.
9 II. ROLL CALL
10 PRESENT: Mayor Tinsley, Vice Mayor Jablin, Councilmember Premuroso, Councilmember
11 Marino, Councilmember Woods.
12 ABSENT: None.
13 III. ADDITIONS, DELETIONS, MODIFICATIONS
14 None.
15 IV. ANNOUNCEMENTS AND PRESENT A TIO NS
16 a. RECOGNITION OF A PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION
17 POP WARNER FOOTBALL TEAM.
18 b. PRESENTATION ON REASONABLE ACCOMODA TION REQUEST BY R. MAX
19 LOHMAN, CITY ATTORNEY.
20 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS
21 Councilmember Maria Marino: Attended the Palm Beach North Governmental Affairs
22 Committee meeting; PGA Corridor Association Annual Economic Forecast with Dr. Henry
23 Fishkind; Palm Beach North Chamber of Commerce State of the County with County
24 Administrator Verdinia Baker; PGA Junior League Event at Sand Hill Crane Golf Course; PGA
25 Property Owners Association meeting and presentations were given by Police Chief Stephen
26 Stepp and Fire Chief, Keith Bryer. 30th Annual Palm Beach Gardens Women's Club Arbor Day
27 event; Riviera Beach Youth Recreation Association History Month and extended her
28 congratulations to Vice Mayor Eric Jablin on being an honoree; Palm Beach Gardens Youth
29 Athletic Association Girls Softball event at Tory Buckley Field; PGA Corridor Association
30 Florida Department of Transportation proposed road improvements meeting.
31 Councilmember Carl Woods: Nothing to report.
32 Councilmember Robert Premuroso: Congratulated Venus and Serena Williams on their
33 success at the Australian Open and suggested they are recognized at the City's Tennis Center.
34 Attended the retirement party for Major Chris Barca who retired after 25 years.
35 Vice Mayor Eric Jablin: Nothing to report.
36 Mayor Marcie Tinsley: Delivered the State of the City Address to the Palm Beach Gardens
3 7 Historical Society; Attended the PBI Travel Center Grand Opening; Mayors Parade at the South
38 Florida Fair; Green Market 15th Anniversary Celebration; Treasure Coast Regional Planning
39 Council; Interlocal Governmental Coordination Meeting with George Webb. Interviewed with
40 ESPN to promote the City and the Honda Classic.
41 VI. COMMENTS FROM THE PUBLIC
42 None.
43 VII. CITY MANAGER REPORT
44 Reported the Sandhill Crane Golf Club hosted an innovative PGA Junior Program on Saturday,
45 January 14, 2017 to promote growth and diversity in the game of golf. Over 60 youth
46 participated at the course in the final event. Reported two residential properties and one
47 commercial property came into compliance with the assistance of the City's Code Compliance
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1 Division, the City's Community Action Support Team (C.A.S.T), and members of Christ
2 Fellowship.
3 VIII. CONSENT AGENDA
4 a. APPROVE MINUTES FROM THE JANUARY 5, 2017 CITY COUNCIL MEETING.
5 b. APPROVE MINUTES FROM THE JANUARY 6, 2017 CITY COUNCIL MEETING.
6 c. PURCHASE AWARD -RFP2016-032EM, EMERGENCY DEBRIS AND DISASTER
7 RECOVERY SERVICES.
8 d. PURCHASE AW ARD -PURCHASE OF GASOLINE AND DIESEL FUEL.
9 e. RESOLUTION 9, 2017 -LEASE FOR THE REPLACEMENT OF 2 BRAUN
10 AMBULANCES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
11 BEACH GARDENS, FLORIDA APPROVING THE LEASE PURCHASE FOR THE
12 REPLACEMENT OF TWO (2) BRAUN SUPER. CHIEF TYPE 1 MEDIUM DUTY
13 AMBULANCES FROM TEN-8 FIRE EQUIPMENT, INC., AN AUTHORIZED DEALER
14 FOR FIRE RESCUE AMBULANCES IN THE STATE OF FLORIDA; AUTHORIZING THE
15 CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE
16 SUCH LEASE PURCHASE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
17 FOR OTHER PURPOSES.
18 f. RESOLUTION 26, 2017 -FLORIDA HIGH-SPEED RAIL SAFETY ACT. A
19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
20 FLORIDA EXPRESSING SUPPORT FOR FLORIDA SENATE BILL SB 386 (2017) AND
21 FLORIDA HOUSE BILL HB 269 (2017), KNOWN AS THE FLORIDA HIGH-SPEED
22 PASSENGER RAIL SAFETY ACT; PROVIDING AN EFFECTIVE DATE; AND FOR
23 OTHER PURPOSES.
24 g. PROCLAMATION -NATIONAL ENGINEERS WEEK.
25 h. PROCLAMATION -NATIONAL WEAR RED DAY.
26 i. PROCLAMATION -PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION
27 DAY.
28 Vice Mayor Jablin made a motion for approval of the Consent Agenda.
29 Councilmember Marino seconded.
30 Motion passed 5-0.
31 IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing)
32 Those preparing to give testimony were sworn in.
33 The City Clerk read Ordinance 12, 2016 by title.
34 a. ORDINANCE 12, 2016 -(2nd READING AND ADOPTION)) BALSAMO LARGE
35 SCALE COMPRENENSIVE PLAN AMENDMENT. AN ORDINANCE OF THE CITY
36 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A
37 LARGE-SCALE AMENDMENT TO ITS COMPREHENSIVE PLAN FUTURE LAND USE
38 MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163,
39 FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA
40 STATUTES, PURSUANT TO APPLICATION NO. CPMA-16-05-000019 IN ORDER TO
41 CHANGE THE LAND-USE DESIGNATION ON 96.80 ACRES FROM PALM BEACH
42 COUNTY RURAL RESIDENTIAL (RR-10) TO PALM BEACH GARDENS RESIDENTIAL
43 LOW (RL); TO RELOCATE THE URBAN GROWTH BOUNDARY (UGB) IN ORDER TO
44 INCLUDE THE SUBJECT PROPERTY; PROVIDING A NOTATION ON THE FUTURE
45 LAND USE MAP PERTAINING TO THE PERMITTED LAND-USE DENSITY RELATED
46 TO THE SUBJECT PROPERTY WHICH IS LOCATED ON THE NORTH SIDE OF
47 NORTHLAKE BOULEVARD, APPROXIMATELY THREE-QUARTERS OF A MILE EAST
48 OF COCONUT BOULEVARD; PROVIDING FOR COMPLIANCE WITH ALL
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l REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR
2 TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
3 (DEO); PROVIDING THAT THE FUTURE LAND USE MAP OF THE CITY OF PALM
4 BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS
5 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
6 EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
7 Mayor Tinsley opened the Public Hearing.
8 Petitioner: No changes since first reading.
9 Staff presentation: Staff recommends approval of Ordinance 12, 2016.
l O Public comment: None .
11 Mayor Tinsley closed the Public Hearing.
12 Vice Mayor Jablin made a motion to approve Ordinance 12, 2016 on second reading and
13 adoption.
14 Councilmember Marino seconded.
15 Motion passed 5-0.
16 The City Clerk read Ordinance 13, 2016 and Resolution 76, 2016 by title.
17 b. *ORDINANCE 13, 2016 -(2"d READING AND ADOPTION)) BALSAMO REZONING.
18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
19 FLORIDA REZONING CERTAIN REAL PROPERTY, SUCH PROPERTY BEING
20 COMPRISED OF 96.80± ACRES IN SIZE, MORE OR LESS, AND LOCATED ON THE
21 NORTH SIDE OF NORTHLAKE BOULEVARD, APPROXIMATELY THREE-QUARTERS
22 OF A MILE EAST OF COCONUT BOULEVARD; PROVIDING THAT THE PARCEL OF
23 REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL
24 BE REZONED FROM PALM BEACH COUNTY AGRICULTURAL RESIDENTIAL (AR)
25 TO PALM BEACH GARDENS RESIDENTIAL LOW (RL-2) WITH A PLANNED UNIT
26 DEVELOPMENT OVERLAY DISTRICT (PUD); PROVIDING THAT THE ZONING MAP
27 OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY;
28 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
29 TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
30 Mayor Tinsley opened the Public Hearing.
31 Mayor Tinsley asked for any ex-parte.
32 Councilmember Marino met with petitioner and Sal Balsamo; Mayor Tinsley spoke with the
33 Balsamo family and petitioner.
34 Petitioner: No changes since first reading.
35 Staff presentation: Staff recommends approval of Ordinance 13, 2016.
36 Public comment: None.
37 Mayor Tinsley closed the Public Hearing.
38 Vice Mayor Jablin made a motion to approved Ordinance 13, 2016 on second reading and
39 adoption.
40 Councilmember Marino seconded.
41 Motion passed 5-0 .
42 RESOLUTION 76, 2016 IS A COMPANION ITEM TO ORDINANCE 13, 2016 AND
43 WILL REQUIRE COUNCIL ACTION.
44 *RESOLUTION 76, 2016 -BALSAMO PLANNED UNIT DEVELOPMENT AND
45 REZONING. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
46 GARDENS, FLORIDA APPROVING THE ANCIENT TREE PLANNED UNIT
47 DE V E LOPMENT (PUD) MASTER PLAN, CONSISTING OF 97 SINGLE-FAMILY UNITS
48 ON 96.80 ACRES, AND D EVE LOPMENT GUIDELIN E S, LO CATED ON THE NORTH
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1 SIDE OF NORTHLAKE BOULEVARD, APPROXIMATELY THREE-QUARTERS OF A
2 MILE EAST OF COCONUT BOULEVARD, AS MORE PARTICULARLY DESCRIBED
3 HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS;
4 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES .
5 Mayor Tinsley opened the Public Hearing.
6 Mayor Tinsley asked for any ex-parte.
7 Councilmember Marino met with petitioner and Sal Balsamo; Mayor Tinsley spoke with the
8 Balsamo family and petitioner.
9 Petitioner: None.
10 Staff presentation: None.
11 Public comment: None.
12 Mayor Tinsley closed the Public Hearing.
13 Vice Mayor Jablin made a motion to approve Resolution 76, 2016.
14 Councilmember Marino seconded.
15 Motion passed 5-0.
16 The City Clerk read Ordinance 3, 2017 by title.
17 c. ORDINANCE 3, 2017 -(2nd READING AND ADOPTION) BUDGET AMENDMENT. AN
18 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
19 FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE
20 FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017,
21 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
22 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
23 PURPOSES.
24 Mayor Tinsley opened the Public Hearing.
25 Petitioner: None.
26 Staff presentation: No changes since first reading.
27 Public comment: None.
28 Mayor Tinsley closed the Public Hearing.
29 Vice Mayor Jablin made a motion to approve Ordinance 3, 2017 on second reading and
30 adoption.
31 Councilmember Marino seconded.
32 Motion passed 3-2.
33 Mayor Tinsley and Councilmember Premuroso opposed.
34 The City Clerk read Ordinance 5, 2017 by title.
35 d. ORDINANCE 5, 2017 -(2ND READING AND ADOPTION) CREATION OF BUDGET
36 OVERSIGHT REVIEW BOARD. AN ORDINANCE OF THE CITY COUNCIL OF THE
37 CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 2 .
38 ADMINISTRATION. AT ARTICLE III. BOARDS AND COMMITTEES; CREATING A
39 NEW DIVISION 4. TO BE ENTITLED BUDGET OVERSIGHT REVIEW BOARD.;
40 E STABLISHING A NEW BUDGET OVERSIGHT REVIEW BOARD AND INCLUDING
41 M E MBERSHIP REQUIREMENTS, M EETING SCHEDULE, AND POWERS AND DUTIES;
42 PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
43 CHAPTER 2. ADMINISTRATION. SHALL REMAIN THE SAME AS PREVIO U SLY
44 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
45 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHE R
46 PURPOSES.
47 Mayor Tinsley opened the Public Hearing.
48 Petitioner: None .
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1 Staff presentation: No changes since first reading.
2 Public comment: None.
3 Mayor Tinsley closed the Public Hearing.
4 Vice Mayor Jablin made a motion to approve Ordinance 5. 2017 on second reading and
5 adoption.
6 Councilmember Marino seconded.
7 Motion passed 5-0.
8 The City Clerk read Resolution 14, 2017 by title.
9 e. RESOLUTION 14, 2017-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
10 PALM BEACH GARDENS, FLORIDA AUTHORIZING THE ISSUANCE OF NOT-T0-
11 EXCEED $30,000,000 CITY OF PALM BEACH GARDENS, FLORIDA PUBLIC
12 IMPROVEMENT BONDS, SERIES 2017, TO FINANCE THE COST OF CERTAIN
13 INFRASTRUCTURE PROJECTS IN THE CITY; A WARDING SUCH SERIES 2017 BONDS
14 TO PNC BANK NATIONAL ASSOCIATION, BY NEGOTIATED SALE; FIXING THE
15 PARAMETERS FOR THE DENOMINATION,. MATURITY, INTEREST RATE,
16 REDEMPTION PROVISIONS, AND OTHER DETAILS WITH RESPECT TO THE SERIES
17 2017 BONDS; DESIGNATING THE CITY AS THE ·PAYING AGENT AND REGISTRAR
18 FOR THE SERIES 2017 BONDS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
19 PURPOSES.
20 Mayor Tinsley opened the Public Hearing.
21 Petitioner: None.
22 Staff presentation: Finance Administrator, Allan Owens .
23 Public comment: Kathryn Gettinger, 4250 Hickory Drive, Palm Beach Gardens.
24 Mayor Tinsley closed the Public Hearing.
25 Vice Mayor Jablin made a motion to approve Resolution 14, 2017.
26 Councilmember Marino seconded.
27 Motion passed 5-0.
28 The City Clerk read Ordinance l 0, 2017 by title.
29 f . ORDINANCE 10, 2017 -(lsr READING) BUDGET AMENDMENT FOR FY2017. AN
30 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
31 FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS' BUDGET FOR THE
32 FISCAL YEAR BEGINNING OCTOBER l, 2016, AND ENDING SEPTEMBER 30, 2017,
33 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
34 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
35 PURPOSES.
36 Mayor Tinsley opened the Public Hearing.
37 Petitioner: None.
38 Staff presentation: Finance Administrator, Allan Owens.
39 Public comment: None.
40 Mayor Tinsley closed the Public Hearing.
41 Vice Mayor Jablin made a motion to approve Ordinance l 0, 2017 on first reading.
42 Councilmember Marino seconded.
43 Motion passed 5-0.
44 The City Clerk read Ordinance 7, 2017 by title.
45 g. ORDINANCE 7, 2017 -(lsr READING) CITY INITIATED AMENDMENT TO THE
46 LAND DEVELOPMENT REGULATIONS. AN ORDINANCE OF THE CITY COUNCIL OF
47 THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
48 DE VE LOPM ENT REGULATIONS. AT TABLE OF CONTENTS ARTICLE VI.
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I NONCONFORMITIES AS REVISED FOR INTERNAL CONSISTENCY; AT SECTION 78-
2 49. AMENDMENTS TO APPROVED DEVELOPMENT ORDERS. BY REPEALING
3 SUBSECTION (b)(l)(a) AND READOPTING SAME, AS REVISED; AT SECTION 78-54.
4 PUBLIC NOTICE. BY REPEALING SUBSECTION (b) AND READOPTING SAME, AS
5 REVISED ; FURTHER AMENDING CHAPTER 78. AT SECTION 78-75. ADOPTED
6 LEVELS OF SERVICE. BY REPEALING TABLE 7, SUBSECTION (f) AND TABLE 8. AND
7 READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
8 REPEALING SECTION 78-114. OCCUPATIONAL LICENSES. IN ITS ENTIRETY AND
9 RESERVING SAME FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 78.
IO AT SECTION 78-144. CIVIC AND INSTITUTIONAL ZONING DISTRICT REGULATIONS.
11 BY REPEALING TABLE 11 AND READOPTING SAME, AS REVISED ; FURTHER
12 AMENDING CHAPTER 78. AT SECTION 78-147. CG-I GENERAL COMMERCIAL
13 DISTRICT. BY REPEALING SUBSECTION (d)(2) AND READOPTING SAME, AS
14 REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78-159. PERMITTED
15 USES, MINOR AND MAJOR CONDITIONAL USES, AND PROHIBITED USES. BY
16 REPEALING SUBSECTIONS G)(5)(c)2, G)(5)(d) AND G)(26) AND READOPTING SAME,
17 AS REVISED ; FURTHER AMENDING CHAPTER 78. AT SECTION 78-182. LIGHTING
18 REGULATIONS. BY REPEALING TABLE I WITH NOTES AND READOPTING SAME,
19 AS REVISED; AMENDING SECTION 78-186. YARDS. BY REPEALING SUBSECTION
20 (b)(3) AND READOPTING SAME, AS REVISED ; FURTHER AMENDING CHAPTER 78.
21 AT SECTION 78-188. GARAGE, YARD, AND RUMMAGE SALES. BY REPEALING
22 SUBSECTION (c) AND READOPTING SAME, AS REVISED ; FURTHER AMENDING
23 CHAPTER 78. AT SECTION 78-261. ART IN PUBLIC PLACES REQUIREMENTS. AT
24 SUBSECTIONS (c)(l)(b) AND (c)(2) AND READOPTING SAME, AS REVISED; FURTHER
25 AMENDING CHAPTER 78. AT SECTION 78-263 . W AIYER OF REQUIREMENTS. BY
26 REPEALING THE SECTION IN ITS ENTIRETY AND READOPTING NEW SECTION 78-
27 263. ENTITLED "DEFINITIONS OF ART." AS REVISED; FURTHER AMENDING
28 CHAPTER 78. AT SECTION 78-273. NONCONFORMING SIGNS. BY REPEALING
29 SUBSECTIONS (a) AND (b) AND READOPTING SAME, AS REVISED; FURTHER
30 AMENDING CHAPTER 78. AT SECTION 78-285 . PERMITTED SIGNS. BY REPEALING
31 TABLE 24 AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER
32 78 . BY REPEALING SECTION 78-303 . APPROVAL REQUIRED. AND READOPTING
33 SAME, AS REVISED; AMENDING CHAPTER 78. AT SECTION 78-313. MINIMUM
34 LANDSCAPE REQUIREMENTS FOR NONRESIDENTIAL DEVELOPMENT. BY
35 REPEALING SUBSECTION (f) AND READOPTING SAME, AS REVISED; FURTHER
36 AMENDING CHAPTER 78. AT SECTION 78-318. PROHIBITED PLANTS AND INVASIVE
37 NONNATIVE PLANTS. BY REPEALING TABLE 29 AND READOPTING SAME, AS
38 REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78-344 . CONSTRUCTION
39 AND MAINTENANCE. BY REPEALING SUBSECTIONS (e), (l)(l), (l)(l)(a), (l)(l)(b),
40 (I)(l)(c)(l)(4), AND TABLE 32 WITH NOTES AND READOPTING SAME, AS REVISED;
41 FURTHER AMENDING CHAPTER 78. AT SECTION 78-345. NUMBER OF PARKING
42 SPACES REQUIRED. BY REPEALING SUBSECTION (d)(l) AND TABLE 33 AND
43 READOPTING SAME, AS REVIS ED; FURTHER AMENDING CHAPTER 78. BY
44 ADOPTING NEW SECTION 78-347. TO BE ENTITLED "VALET PARKING."; FURTHER
45 AMENDING CHAPTER 78. AT SECTION 78-362. SIZE AND LOCATION OF LOADING
46 SPACES. BY REPEALING SUBSECTIONS (a) AND (b)(3) AND READOPTING SAME, AS
47 REVISED; FURTHER AMENDING CHAPTER 78. AT SECTION 78-378. DUMPSTERS . BY
48 REPEALING SUBSECTION (b)(2)(g) AND READOPTING SAME, AS REVIS E D;
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1 FURTHER AMENDING CHAPTER 78. AT SUBDIVISION IV BY REPEALING THE TITLE
2 AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
3 REPEALING SECTION 78-391. PARKING AND STORAGE OF COMMERCIAL
4 VEHICLES, BOA TS, BUSES, TRAILERS, TRUCKS AND RECREATIONAL VEHICLES
5 AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
6 ADOPTING NEW SECTION 78-392. TO BE ENTITLED "PARKING AND STORAGE OF
7 PORTABLE STORAGE UNITS."; FURTHER AMENDING CHAPTER 78. AT SECTION 78-
8 396. VALID NON-CONFORMING USES. BY REPEALING SUBSECTION (c)(3) AND
9 READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY
10 REPEALING SECTION 78-661. PERFORMANCE STANDARDS. AT SUBSECTION (b)(2)
11 AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT
12 SECTION 78-751. DEFINITIONS. BY REPEALING THE DEFINITIONS OF "CLUB OR
13 LODGE", "COMMERCIAL VEHICLE", "COMMUNITY RESIDENTIAL HOME, TYPE 11",
14 "PLANNED COMMUNITY DISTRICT", "PLANNED DEVELOPMENT" AND
15 READOPTING SAME, AS REVISED, AND BY ADOPTING NEW DEFINITIONS FOR
16 "PORTABLE STORAGE UNIT"; PROVIDING THAT EACH AND EVERY OTHER
17 SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL
18 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
19 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
21 Mayor Tinsley opened the Public Hearing.
22 Petitioner: None.
23 Staff presentation: Administrative Services Manager, Allyson Black.
24 Public comment: Kathryn Gettinger, 4250 Hickory Drive, Palm Beach Gardens; Sarah David,
25 17900 Beeline Highway, Jupiter.
26 Mayor Tinsley closed the Public Hearing.
27 Vice Mayor Jablin made a motion to approve Ordinance 7, 2017 on first reading.
28 Councilmember Marino seconded.
29 Motion passed 5-0.
30 The City Clerk read Ordinance 8, 2017 by title. .
31 h. ORDINANCE 8, 2017 -(lsT READING) PROPERTY MAINTENANCE STANDARDS.
32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
33 FLORIDA, AMENDING CHAPTER 79. PROPERTY MAINTENANCE STANDARDS.
34 AMENDING THE TITLE OF SECTION 79-4. CODE ENFORCEMENT SPECIAL MASTER;
35 ALTERNATIVE MEANS OF ENFORCEMENT.; FURTHER AMENDING SECTION 79-4.
36 IN ORDER TO PROVIDE INTERNAL CONSISTENCY WITH THE CITY CODE OF
37 ORDINANCES; FURTHER AMENDING SECTION 79-5. MAINTENANCE AND
38 APPEARANCE STANDARDS FOR ALL STRUCTURES AND LANDSCAPING. IN ORDER
39 TO AMEND THE REGULATIONS REGARDING MAINTENANCE AND APPEARANCE
40 STANDARDS FOR ALL STRUCTURES AND LANDSCAPING WITHIN THE CITY; AND
41 AMENDING THE TITLE OF SECTION 79-6. RESPONSIBILITI E S OF OWNERS AND
42 OPERA TORS OF DWELLINGS, HOTEL UNITS, AND ROOMING HOUSES FOR LET.;
43 FURTHER AMENDING SECTION 79-6. IN ORDER TO PROVIDE INTERNAL
44 CONSISTENCY WITH THE CITY CODE OF ORDINANCES; PROVIDING A CONFLICTS
45 CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
46 EFFECTIVE DA TE AND FOR OTHER PURPOSES.
47 Mayor Tinsley opened the Public Hearing.
48 Petitioner: None.
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Staff presentation: Neighborhood Services Director, Crystal Gibson.
Public comment: None.
Mayor Tinsley closed the Public Hearing.
Vice Mayor Jablin made a motion to approve Ordinance 8, 2017 on first reading.
Councilmember Marino seconded.
Motion passed 5-0.
The City Clerk read Ordinance 9, 2017 by title.
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i. *ORDINANCE 9, 2017 -(I sr READING) GARDENS CORPORA TE CENTER
PLANNED UNIT DEVELOPMENT (PUD). AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA REPEALING ORDINANCE 42, 2001
WHICH AMENDED THE GARDENS CORPORA TE CENTER PLANNED UNIT
DEVELOPMENT (PUD) (FORMERLY KNOWN AS THE "MEDICAL MALL" PUD),
LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PGA
BOULEVARD AND ALTERNATE AlA, BY REPEALING ALL PREVIOUSLY IMPOSED
CONDITIONS OF APPROVAL AND WA IVERS FOR PHASE 2 AND TRANSFERRING
TWO PREVIOUSLY APPROVED WAIVERS RELATED TO PHASE 1 TO RESOLUTION
20, 2017; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
PURPOSES.
20 Mayor Tinsley opened the Public Hearing.
21 Mayor Tinsley asked for any ex-parte.
22 Councilmember Woods met with the petitioner and applicant; Councilmember Marino met
23 with the petitioner and applicant; Councilmember Premuroso met with the petitioner, applicant
24 and staff; Vice Mayor Jablin met with the petitioner and applicant; Mayor Tinsley met with the
25 · petitioner and applicant.
26 Petitioner: Dodi Glass, Gentile Glas Holloway O'Mahoney & Associates, Inc.
27 Staff presentation: Staff recommends approval of Ordinance 9, 2017.
28 Public comment: Kathryn Gettinger, 4250 Hickory Drive, Palm Beach Gardens (did not wish
29 to speak).
30 Mayor Tinsley closed the Public Hearing.
31 Vice Mayor Jablin made a motion to approve Ordinance 9, 2017.
32 Councilmember Marino seconded.
33 Motion passed 5-0.
34 RESOLUTION 20, 2017 IS A COMPANION ITEM TO ORDINANCE 9, 2017 AND WILL
35 REQUIRE COUNCIL ACTION ON SECOND READING.
36 *RESOLUTION 20, 2017 -AMENDING THE GARDENS CORPORATE CENTER
37 PLANNED UNIT DEVELOPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE
38 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN APPLICATION FROM
39 GARDENS CORPORA TE CENTER, LLC TO AMEND THE GARDENS CORPORA TE
40 CENTER PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN TO ALLOW TWO (2)
41 PROFESSIONAL OFFICE BUILDINGS CONSISTING OF 223,943 SQUARE FEET AND A
42 THREE-(3) STORY PARKING GARAGE ON PHASE 2 OF THE PUD; THE SITE IS
43 LOCATED ON THE NORTHEAST CORNER OF PGA BOULEVARD (PGA BYPASS) AND
44 ALTERNATE AlA AND IS APPROXIMATELY 15.64 ACRES WITHIN THE REGIONAL
45 CENTER PLANNED COMMUNITY DEVELOPMENT (PCD); PROVIDING CONDITIONS
46 OF APPROVAL; TRANSFERRING TWO WAIVERS RELATED TO PHASE I;
47 APPROVING A NEW A W AIYER; PROVIDING AN EFFECTIVE DA TE; AND FOR
48 OTHER PURPOSES.
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1 The City Clerk read Resolution 15, 2017 by title.
2 j. *RESOLUTION 15, 2017 -BALLENISLES COUNTRY CLUB SITE PLAN
3 AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
4 BEACH GARDENS, FLORIDA GRANTING APPROVAL OF A SITE PLAN AMENDMENT
5 TO ALLOW A 23,287-SQUARE-FOOT EXPANSION OF THE EXISTING SITE PLAN AND
6 AN ADDITIONAL ONE-(1) STORY, 2,977-SQUARE-FOOT ADMINISTRATION
7 BUILDING LOCATED ON PARCEL 28 OF THE BALLENISLES PLANNED COMMUNITY
8 DEVELOPMENT (PCD); THE SUBJECT SITE IS GENERALLY LOCATED ON THE EAST
9 SIDE OF BALLENISLES DRIVE APPROXIMATELY ONE-HALF MILE SOUTH OF THE
10 INTERSECTION AT BALLENISLES DRIVE AND PGA BOULEVARD, AS MORE
11 PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
12 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
13 Mayor Tinsley opened the Public Hearing.
14 Mayor Tinsley asked for any ex-parte.
15 Mayor Tinsley spoke with petitioner.
16 Petitioner: Anne Booth, Urban Design Kilday Studios.
17 Staff presentation: Staff recommends approval of Resolution 15, 2017.
18 Public comment: None.
19 Mayor Tinsley closed the Public Hearing.
20 Vice Mayor Jablin made a motion to approve Resolution 15, 2017.
21 Councilmember Marino seconded.
22 Motion passed 5-0.
23 The City Clerk read Resolution 16, 2017 by title.
24 k. *RESOLUTON 16, 2017 -CORPORATE CENTER AT THE GARDENS. A
25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
26 FLORIDA APPROVING AN AMENDMENT TO THE CORPORATE CENTER AT THE
27 GARDENS PLANNED UNIT DEVELOPMENT (PUD) MASTER SIGNAGE PLAN TO
28 ALLOW A PRINCIPAL TENANT WALL SIGN ON THE NORTH ELEVATION OF
29 BUILDING "A", LOCATED ON THE SOUTHWEST CORNER OF NORTHCORP
30 PARKWAY AND RCA BOULEVARD, IMMEDIATELY EAST OF 1-95, AS MORE
31 PARTICULARLY DESCRIBED HEREIN; PROVIDING A WAIVER; PROVIDING
32 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DA TE; AND FOR OTHER
33 PURPOSES.
34 Mayor Tinsley opened the Public Hearing.
35 Mayor Tinsley asked for any ex-parte.
36 None.
37 Petitioner: Chuck Millar, Shutts & Bowen LLP.
3 8 Staff presentation: Staff recommends approval of Resolution 16, 2017.
39 Public comment: None.
40 Mayor Tinsley closed the Public Hearing.
41 Vice Mayor Jablin made a motion to approve Resolution 16, 2017.
42 Councilmember Marino seconded.
43 Motion passed 5-0.
44 The City Clerk read Resolution 17, 2017 by title.
45 I. *RESOLUTION 17, 2017 -LOEHMANN'S PLAZA. A RESOLUTION OF THE CITY
46 COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A
47 MAJOR CONDITIONAL USE FOR THE PGA MULTIPLEX CINEMA FOR LIVE
48 ENTERTAINMENT, LOCATE D WITHIN THE LOEHMANN'S PLAZA PLANNED UNIT
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02-09-1 7
PAGE 9
I DEVELOPMENT (PUD), LOCATED ON THE SOUTHWEST CORNER OF PGA
2 BOULEVARD AND RCA BOULEVARD, EAST OF 1-95, AS MORE PARTICULARLY
3 DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
4 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
5 Mayor Tinsley opened the Public Hearing.
6 Mayor Tinsley asked for any ex-parte.
7 None.
8 Petitioner: William Rogers, Arctic Holdings LLC.
9 Staff presentation: Principal Planner, Dawn Sonneborn.
10 Public comment: None.
11 Mayor Tinsley closed the Public Hearing.
12 Vice Mayor Jablin made a motion to approve Resolution 17, 2017.
13 Councilmember Marino seconded.
14 Motion passed 5-0.
15 The City Clerk read Resolution 18, 2017 by title.
16 m. *RESOLUTION 18, 2017 -ALTON PLANNED COMMUNITY DEVELOPMENT (PCD)
17 PARCEL G SITE PLAN APPROVAL. A RESOLUTION OF THE CITY COUNCIL OF THE
18 CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN FOR 469
19 SINGLE-FAMILY UNITS WITHIN THE 206-ACRE PARCEL G NEIGHBORHOOD
20 DISTRICT OF THE 681-ACRE ALTON DEVELOPMENT OF REGIONAL IMPACT
21 (DRl)/PLANNED COMMUNITY DEVELOPMENT (PCD); THE NEIGHBORHOOD
22 DISTRICT PARCEL G IS GENERALLY LOCATED NORTH OF HOOD ROAD, SOUTH OF
23 DONALD ROSS ROAD, EAST OF THE FLORIDA TURNPIKE, AND WEST OF
24 INTERSTATE 95, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
25 CONDITIONS OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN EFFECTIVE
26 DA TE; AND FOR OTHER PURPOSES.
27 Mayor Tinsley opened the Public Hearing.
28 Mayor Tinsley asked for any ex-parte.
29 Councilmember Marino met with the petitioner and John Sapo. Councilmember Premuroso
30 met with petitioner. Mayor Tinsley met with the petitioner and John Sapo.
31 Petitioner: Donaldson Hearing, Cotleur and Hearing.
32 Staff presentation: Staff recommends approval of Resolution 18, 2017.
33 Public comment: None.
34 Mayor Tinsley closed the Public Hearing.
35 Vice Mayor Jablin made a motion to approve Resolution 18, 2017
36 Councilmember Marino seconded.
37 Motion passed 5-0.
38 The City Clerk read Resolution 19, 2017 by title.
39 n. *RESOLUTION 19, 2017 -ARTISTIC ENTRANCE FEATURE APPROVAL. A
40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
41 FLORIDA APPROVING AN ART IN PUBLIC PLACES ARTISTIC SCULPTURE WITHIN
42 THE 55-FOOT DONALD ROSS ROAD PARKWAY BUFFER OF THE ALTON PLANNED
43 COMMUNITY DEVELOPMENT (PCD) ADJACENT TO PARCEL B. THE AL TON PCD IS
44 LOCATED SOUTH OF DONALD ROSS ROAD, NORTH OF HOOD ROAD, EAST AND
45 WEST OF INTERSTATE 95, AND WEST OF CENTRAL BOULEVARD; PROVIDING
46 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
4 7 PURPOSES.
48 Mayor Tinsley opened the Public Hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02-09 -17
PAGE 10
1 Mayor Tinsley asked for any ex-parte.
2 Mayor Tinsley met with petitioner and John Sapo.
3 Petitioner: Nicole Plunkett, Cotleur and Hearing.
4 Staff presentation: Staff recommends approval of Resolution 19, 2017 as amended.
5 Public comment: None.
6 Mayor Tinsley closed the Public Hearing.
7 Vice Mayor Jablin made a motion to approve Resolution 19, 2017 as amended.
8 Councilmember Marino seconded.
9 Motion passed 5-0.
IO XI. ITEMS FOR COUNCIL ACTION/DISCUSSION
11 None .
12 XII. CITY ATTORNEY REPORT
13 None.
14 (The remainder of this page intentionally left blank.)
15
16
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02-09-17
PAGE 11
1 XIII. ADJOURNMENT
2 Vice Mayor Jablin made a motion to adjourn.
3 Councilmember Marino seconded.
4 Motion passed 5-0.
5 The meeting adjourned at 10:09 p.m.
6
7 The next regularly scheduled City Council meeting will be held March 2 , 2017.
8
9 APPROVED:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Robert G. Premuroso , Councilmember
fi~/)J~
26
27
28
29
30
31
32
33 ~
34
Carl W. Woods, Councilmember
~' AITEST~
37
JS'
3-9
:40
41
42
43
44
45
46
47
48
Patricia Snider, CMC
~ tity Clerk
Note: These minutes are prepared in compliance with 286 .011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available on the City Website or from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
02-09-17
PAGE 12